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1999-451059 (2) DOC 3 99 4 ~.-r04 '29, 1:999 ~ 4~-~ ) Recording Requested by: OFFICIAL REGOhDS ) Cardiff Sanitation District ) 9AN DlEGn ~OUNTY hECORDER`~ OFF7CC: ) (aRECLIRY J. SMITFI, COUNTY RFL'OhDER when ztecorded, Mail to e ) FEES° 0°00 City Clerk ) City of Encinitas 505 South Vulcan Avenue ) Encinitas, ) SPACE iim r`vrc~t9c~~v~nL~n°s For the benefit of the City I~ USE ONLY SEWE12 EASEMENT Assessor's Parcel Project: DCS 289 No.264-550-19 W.O. No. Centex Homes, a Nevada General Partnership hereinafter designated Grantor(s)a owner(s) of the hereinafter described lands, for a valuable consideration, do(es) hereby GRANT and CONVEY to the Cardiff Sanitation District herein designated Grantee, a perpetual easement and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of SEWER pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, unclergrowth, flowers, and any other obstructions interfering with the use of said easement and right- of-way by Grantee, its successors or assigns and in addition thereto; to xemove soil and other materials within said right-of- way and to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary in the construction, reconstruction and maintenance of said sewer lines or structures incidental thereto. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the County of San Diego, State of California, and is particularly described as follows: See Exhibits "A" and"B" attached hereto and made a part hereof by this reference. The' Grantors may, at their own risk, use the surface of the above ' described real property in a manner that will not interfere with or be detrimental to the use of said easement and right-of-way by BK/hz/sewerc,doc (10-19-98) SCANNED ( ( 3995 or be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantors hereby covenant and agree for themselves, their heirs, successors and assigns, that tchere shall not be constructed or maintained upon the above described real property or within saicl easement and right-of-way any building or structure of any nature or kind that will interfere with the use of said easement and right-of-`,vay by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assignse The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their suceessors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated; and the Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concretce surface with like material and will replace any fence removed by it. BK/hz/sewerc.doc (10-19-98) . ~ ~ 3996 Execu'ced this day of , 19 ~t°I o OWNER: Centex Homes A Nevada General Partnership Centex Real Estate Corporation, A Nevada Corporation gy o [7-~►~t at_c~ ►"t. 6v-L'-V~ Its 1~Ianaging Genera artner Bya Ronald M. Bre t [Signature of OWNER must be notarized. Attach the appropriate acknowledgment.] I certi.fy on behalf that the interest in real property conveyed by the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a political corporation and/or governmental agency is hereby accepted on behalf of its Board, pursuant to authority conferred . by Resolution of said Board adopted on March 20, 1979, Grantee eonsents to the making of the foregoing Easement=Dedication and consents to recordation thereof by its duly authorized officer. Dated : ALAN ARCHIBALD, District Engineer Cardiff Sanitation District BK/hz/sewerc.doc (10-19-98) 3 9 9'7 State of ea"°~'/9F.~ RIGHT THUMBPRINT (Optional) County of ~ _ ~ 0 niQ~3 ~ before me,AhVC).4 /L~/.~r~c,'~, ~L%,~~~ € (DATE) (NAME/TITLE OF OFFICER•i.e."JANE DOE, NOTARY PUBLIC") o personally appeared ~&X),q X_-~ ~ .6le- ~/V~: ~ (NAMEIS) OF SIGNER(S)) ~ y+~` •~/,~Q~~ CAPACITY CLAIMED BY SIONER(S) C ~ / / }~7,~~~l O~ L=;/~ ~ ❑INDIVIDUAUS► ~OORPORATE ~ ~~'~-`a~~~✓~ ❑ personally known to me -OR -~CD proved to me -on the OFFICERISf (TInE9) baSIS Of SBtISfBCtOry ❑PARTNER(S) ❑LIMITED evidence t0 be tFl@ OGENERAL on(s) whose name(s) ❑nrroRNev uu FACr is e subscribed to the ❑TRUSTEE,s~ ---e within instrument 8f1Cj ❑GUARDIAN/CONSERVATOR OFFICIAL SEAL ~ , nowiedged to me that ❑OTHER: ; RANDA G. MILLJOUR (ne/~Che/they - ted the c~ ~ • " tVbTARY PUBLIGCALIFORNIA$ ~$~me in is er/their COMM. NO. 1204250 'sarv DiEGO courvn authorized c ity(ies), SIGNER IS REPRESENTINO: MYCOMM.fXP.JAN.e,zooa and that b v er/their (NameofPereoMslorEntity(ies) signaturels the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the RIGHTTHUMBPRINT(Optional) instrument. Witness my hand and official seal. W ~ x ($EAL) 0 (S ATURE OF N ARY) CAPACITY CLAIMED BV SIQNERIS) OINDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICERISI The information requested below and in the column to the right is OPTIONAL. 'T'TLES, Recording of this document is not required by Iaw and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED unauthorized document. ❑cENER^L ❑ATTORNEY IN FACT THIS CERTIFICATE Trtle or Type of Document ❑TRUSTEE(S) MUST BE ATTACHED OGUARDIAN/CONSERVATOR TO THE DOCUMENT Numberof Pages Date of Document ❑OTHER: DESCHIBED AT RIGHT: Signer(s) Other Than Named Above SIONER IS REPRESENTINO: (Nama of Person(s) or Entity(ies) WOLCOTTS FORM 83240 Rev. 3-84 (piice class 8-2A) Q7994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAqTYlREPRESENTATION/'fW0 FINGERPRINTS - - IIIIIIIII IIIII I III II I I 7 67775 63240 8 j ' 3998 'EXIIIBIT "A„ LEGAL DESCRIPTION FOR SEWER EASEMENT TO CARDIFr SANITATION DISTRICT A PORTION OF PARCEL 165 OF PARCEL MAP NO. 18073, 1N THE CITY OF CAItLSBAD, COUNTY OF SAN DIEGO, STATG OF CALIFORNIA, FILED IN THE Oi'FICE OF THE COUNTY RECORllER OF SAN DIEGO COLJNTY, JULY 24, 1998 AS PILE NO. 1998-462070, I3EING A STRIP . OF LAND 20 PEET IN WIDTH, 10 I'EET ON EACH SIDE OF Tf-IE I'OLLOWING DESCRIBED CENTERLINE: BEGINNING AT TIIE SOUTHWEST CORNER OF PARCEL 165 OF SAID PARCEL MAP NO. 18073; TIIENCE NORTH 87°35'00" i.AST A DISTANCE OF 70.01 FEET ALONG TIIE SOUTIIERLY LINE OF SAID PARCEL Z'O THE TRUE POINT OF BLGINNING; TI-IENCE ALONG SAID CE-NTERLINL NORTH 12° 00' 26' WEST, 43.21 PEET TO A POINT ON THE ARC OF A NON-TANGENT 250 I'OOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT I3T'ARS SOUTH 29° 29' 36' EAST; TI-IENCE NORTHEASTERLY ALONG TI-IE ARC OF SAID CURVE THROUCrH A CENTRAL OF ANGLE 31° 04' 55", AN ARC DISTANCi: OF 135.62 FEET; THENCE NORTH 13° 26' OS" EAST, 184.52 PEET; TIIENCE NORTH 76° 52' 16" EAST, 52.03 PLET; THrNCE NORTH 58° 34' 03" EAST, 296.39 PEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 165, SAID POINT BrING ON THE RIGHT OF WAY LINE OF PASEO ESMERADO, AS 'SHOWN ON SAID PARCEL MAP 15073 AND BEING A POlNT 1N THE ARC OF A 50 POOT , RAD1U5 CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID I'OINT BEARS SOUTI-171° 56' 17" WEST, SAID P01NT BL1NG THE POINT OF 1'ERMINUS. THE SIDELINLS OF SAID STRIP OF LAND SHALL BE LE-NGTHENED OR SIIORTENrD SO AS TO BEGIN AT THE SOUTII LINE OF SAID PARCEL 165 AND TERMINATE AT TI=iE R1GH"I' OF WAY LINI: OF PASEO ESMERADO, AS SHOWN ON PARCEL MAP 18073. O pN~ ; a LS 4768 O PETER C. GOLDING DATr Exp. 321 00 L.S. 4768 IIFUA y: winword/pij/rv4/rvQswres,dac w.o.# 0017-10 r~ PARCEL 158 EXISTING 30' WILt e,~ 0. M. W. D. WATER EASEMEN 7 RECORDED APRIL 3, 1997, AS FILE ND. 1997-0152163, O.R. ~ PARCEL 157 ~RA~~ AND RE-RECORDED S~p ESM 3•36 2 JUNE 25, 1997, AS FILE / / Pp` 0', ' L-190•2 N0. 9997-0297085, O.R. / / 500~ ~ / 11PARCEL 16S PM 18073 SCALE 100' / ~ I PROPOSED R=50' ~ CENTERUNE SEWER L=181.34' \s~~ PARCEl. 165 EaSEMFvr D= 207•48'15° \4-, PM 18073 ~S + r I z PARCEL MAP I PARCa 156 PX BOUNDARY y ~ vNi tn in 15' WIDE STORM DRAIN ~ I EASEMENT TO THE NO. BEARING RA 1 GTH ASEM NT C.L. a► Y CITY OF CARLSBAD PER PM 18073 1 N12 00 26 W--- 43.21 ~ 2 D=31 Q4 55 250.00 135.62 p Nt 3'26 05 F--- 184.52 y N76 5216 E--- 52.03 ^ N5834 03 E--- 296.39 ~ Ss~3 6 N8735 00 E 70.01' TIE UNE EXISTING 30, WIDE 0. M. W. D. WATER EASEMENT ~ PROPOSED ~J f RECORDED APRIL 3, 1997, AS CEA/1ERUNE SEWER / FILE ND. 1997-0152163, O.R., AND EASFMENT RE-RECORDED JUNE 25, 1997, AS C)C) 2 ~l FILE N0. 1997-0297085, O.R. z z PARCEL f 65 c~rr ov oc~oE ~ . \ CAS+y ' . . NIGHW Y 78 z, PM 18073 N02•25'00"w ~ 0. N87 35'00"E zo.oo Q CrrY I4TAF ` ? 1 " o : 990.21' 990.00' V a 87' E 17 050 C, O .B. (N87'00'53"E 2618• N87'00 53'E 2618 62' PER PM 14489) 3& 3008) P.O.B. CAR BAD ~ oF 6(~ ~ PARI:FL MAP, PACIFIC ~ P A R t~' L 3 P M 3 0 B eOUNDARY OCEAN ~s SW CORNER RANCHO FE PARCEL 165 PM 18073 EXfSTING 20' WIDE ROAD EASEMENT RECORDED SEPTEMBER 16, 1966 9RE POA71OT1 C7F LJ7 lfi AS FILE N0. 150680, O.R. °L"E'RO,~" 1\JlAP NJ, 848 LAND ~ an oF cnaNm►s C. N Gplp~ ~YQc, Vlp{WTY AIAP V 4~ yG~ 0 NO SCALE ~ No. LS 4768 ~ * Exp. 3/31 /200Q , c`~LIFOR~lA PETER C. GOLDING L.S. 4768SHEET 1 OF 1 CITY OF ENCINITAS scale 1"=100' [Approved ]By. M Date: SEP7 29,1998 W. 0• M Date: SEPT 29,1998 EXHIBIT "B" TraRef.cing 1 No7-10 . Dote: X:ACAD P RJ RV RV4 M PLATS 15E .DWG XREF:BNTCSD 01-21-99 RANCHO VERDE UNIT 4 JOB N0. 0017-10